This advanced program will cover the most heavily negotiated and least understood clauses in technology license agreements: indemnity. It will address indemnities related to both IP infringement and data breach, as well as indemnities for other claims. Topics include:

• The nature of indemnity;

• The misuse of “fault” and “negligence” in indemnity clauses;

• The difference between warranty and indemnity;

• The role of limitation of liability;

• The “interface exception”;

• The exception for vendor use of customer specifications; and

• The exception for customer failure to incorporate updates.

1 Participatory MCLE Credits

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